Legal Opinion

Town of Vernon v. Wedgeworth

Supreme Court of Alabama

Decided November 22, 1906PublishedCited by 23 opinions

Action for Damages for Maintaining a Nuisance. Appeal from Lamar Circuit Court. Heard before I-Ion*. S. H. SpR.ott. Action by Nathaniel Edgeworth against the town of Vernon. From a judgment for plaintiff,.defendant appeals. Tlie fficts sufficiently appear in tlie opinion of the court. — The court erred in overruling the demurrers to the complaint. — 116 Ala. 576; 77 Ala. 284; 93 Ala. 26. Counsel discusses assignments of error from 1 to 33 inclusive but cites no authority.

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Action for Damages for Maintaining a Nuisance. Appeal from Lamar Circuit Court. Heard before I-Ion*. S. H. SpR.ott. Action by Nathaniel Edgeworth against the town of Vernon. From a judgment for plaintiff,.defendant appeals. Tlie fficts sufficiently appear in tlie opinion of the court. — The court erred in overruling the demurrers to the complaint. — 116 Ala. 576; 77 Ala. 284; 93 Ala. 26. Counsel discusses assignments of error from 1 to 33 inclusive but cites no authority. As to assignments 34 to 39 inclusive relating to charges counsel cites: 21 A. & E. Ency. of Law, 356 and 686. The…

1Opinion of the CourtDenson, J.

— In this action the plaintiff seeks to recover of the defendant, town of Vernon, a municipal corporation, damages alleged to have accrued to plaintiff bv the alleged maintenance of a nuisance, to-wit, a privy for public use, near'the dwelling of the plaintiff in said town. The amended complaint on which the cause was tried consists of 5 counts. It was demurred to on 13 grounds, all of which were overruled by the court; and the first 13 grounds in the assignment of errors present for review the ruling of the court on the demurrer. Only 3 points are presented in the argument and brief of…

2Cases cited18 opinions

  1. Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
  2. Miles v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
  3. Goldstein v. LeakeSupreme Court of Alabama · 1903
  4. Williams v. Spragins, Buck & Co.Supreme Court of Alabama · 1893
  5. Whaley v. WilsonSupreme Court of Alabama · 1896

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. City of Decatur v. ParhamSupreme Court of Alabama · 1959
  2. City of Bessemer v. ChambersSupreme Court of Alabama · 1942
  3. Martin Bldg. Co. v. Imperial Laundry Co.Supreme Court of Alabama · 1929
  4. Harris v. Randolph Lumber Co.Supreme Court of Alabama · 1912
  5. Wheeler v. River Falls Power Co.Supreme Court of Alabama · 1926

18 more not listed; retrieve them via the Exa API.

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